BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 181                           |Hearing    |4/8/15   |
          |          |                                 |Date:      |         |
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          |Author:   |Committee on Governance and      |Tax Levy:  |No       |
          |          |Finance                          |           |         |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/9/15                           |Fiscal:    |No       |
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          |Consultant|Weinberger                                            |
          |:         |                                                      |
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                        FIRST VALIDATING ACT OF 2015 (URGENCY)



          Validates the organization, boundaries, acts, and bonds of state  
          and local agencies.


           Background and Existing Law

           For more than 70 years, the Legislature's annual Validating Acts  
          have boosted the stability and credit ratings of state and local  
          bonds. The Validating Acts cure public officials' mistakes that  
          might otherwise invalidate boundary changes or bond issues. They  
          also correct errors or omissions by local agencies and state  
          departments. The Acts do not protect against fraud, corruption,  
          or unconstitutional actions.

           Proposed Law

           Senate Bill 181 validates the organization, boundaries, acts,  
          proceedings, and
          bonds of the state government, counties, cities, special  
          districts, and school districts,
          among other public bodies.

           State Revenue Impact

           No estimate.







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           Comments

           1.  Purpose of the bill  .  The annual Validating Acts protect  
          investors from the chance that a minor error might undermine the  
          legal integrity of a public agency's bond.  Banks, pension  
          funds, and other investors will not buy public agencies'  
          securities unless they are sound investments.  Investors rely on  
          legal opinions from bond counsels to assure the bonds' credit  
          worthiness.  Without legislative action to cure technical  
          errors, bond counsels are reluctant to certify bonds as good  
          credit risks.  SB 181 gives legislative protection to public  
          agencies and private investors.

          2.   Which mistakes  ?  The three Validating Acts cure  
          typographical, grammatical, and procedural errors.  They do not  
          forgive fraud, corruption, or unconstitutional acts.  A local  
          official who makes a technical error will find reassurance in  
          the Validating Acts, while a corrupt official faces prosecution  
          regardless of the Acts.



          3.   Taxpayers benefit  .  By insulating state and local bonds  
          against harmless errors, the Validating Acts save taxpayers'  
          money.  Strong legal opinions from bond counsels result in  
          higher credit ratings for state and local bonds.  Higher credit  
          ratings allow state and local officials to pay lower interest  
          rates to private investors.  Lower borrowing costs save money  
          for taxpayers.

          4.   Why three  ?  Starting in the mid-1920s, the Legislature  
          passed separate validating acts for different types of bonds,  
          several classes of special districts, and various local boundary  
          changes.  By the late 1930s, the practice was to pass annual  
          validating acts (AB 2842, Bennett, 1939).  The current custom  
          and practice is to pass three Validating Acts that retroactively  
          cure public officials' mistakes.  The first two measures are  
          urgency bills that go into effect when they are chaptered.  The  
          First Validating Act (SB 181) will probably reach Governor  
          Brown's desk this spring, validating errors made before the date  
          on which the bill is chaptered.  The Second Validating Act (SB  
          182) will reach Governor Brown in August, validating mistakes  








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          made after SB 181.  The Third Validating Act (SB 183) will take  
          effect on January 1, 2016, covering the period between the  
          chaptering of SB 182 and the end of 2015.


           Support and  
          Opposition   (4/2/15)


           Support  :  Association of California Water Agencies; California  
          Association of Local Agency Formation Commissions; California  
          Special Districts Association; California State Treasurer John  
          Chiang; California State Association of Counties; Rural County  
          Representatives of California.

           Opposition  :  Unknown.


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